Board of Zoning Adjustment

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Board of Zoning Adjustment Monday, November 7, 2016 8:30 AM Old Jail Courtroom Call To Order Present: 6- Board Member Rosalind Fishman, Board Member Lester Turner Jr., Vice Chair Betty Jarboe, Board Member Dean Tharp, Board Member Lula Howard, and Chair Person Michael Allendorf Absent: 1- Board Member Paul Bergmann Approval Of Minutes 1. BOZA Minutes 10.17.2016 A motion was made by Board Member Fishman, seconded by Board Member Turner, that the Minutes from the October 17, 2016 Board of Zoning Adjustment meeting be APPROVED. The motion carried by the following vote: Yes: 3- Fishman, Turner, and Allendorf Absent: 1- Bergmann Abstain: 3- Jarboe, Tharp, and Howard Business Session 2. BOZA Bylaws Update Project Name: BOZA Bylaws Update Case Manager: Jon Crumbie, Planning & Design Coordinator By general consensus, the Board approved the BOZA Bylaws. Public Hearing Louisville Metro Government Page 1 Board of Zoning Adjustment Action Summary November 7, 2016 3. 16WAIVER1033 Request: Exceptional Signage Review Project Name: Crescent Center Location: 631 S 3rd Street Owner: TMG III Crescent Center LLC Applicant: Trilogy Real Estate Representative: William Bardenwerper Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Laura Mattingly, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Fishman, that Case Number 16WAIVER1033 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 4. 16VARIANCE1078 Request: Variance from the Development Code (St. Matthews) Article 4 section 4.6.C.2.c to allow a proposed attached carport to encroach into the Street Side Yard setback by approximately 25 feet. Project Name: 500 Oxford Place Varinace Location: 500 Oxford Place Owner: Kathryn and Paul Resch Applicant: Glen Coke - Coke General Contracting Inc. Representative: Glen Coke - Coke General Contracting Inc. Jurisdiction: City of St. Matthews Council District: 9 - Bill Hollander Case Manager: Ross Allen, Planner I A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1078 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 2 Board of Zoning Adjustment Action Summary November 7, 2016 5. 16VARIANCE1080 Request: Variance from the Land Development Code section to allow a rear addition to encroach into the isde yard setback and a reduction in the private yard area. Project Name: 602 Baxter Ave. Location: 602 Baxter Ave Owner: Libor Zacaek Applicant: Bruce Rogers - CBR Architects PLLC Representative: Bruce Rogers - CBR Architects PLLC Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Ross Allen, Planner I A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Variance #1 of Case Number 16VARIANCE1080 be APPROVED. The motion failed due to a tied vote: Yes: 3- Jarboe, Howard, and Allendorf No: 3- Fishman, Turner, and Tharp Absent: 1- Bergmann A motion was made by Vice Chair Jarboe, seconded by Board Member Howard, that Variance #2 of Case Number 16VARIANCE1080 be APPROVED. The motion failed due to a tied vote: Yes: 3- Jarboe, Howard, and Allendorf No: 3- Fishman, Turner, and Tharp Absent: 1- Bergmann A motion was made by Board Member Tharp, seconded by Vice Chair Jarboe, that Case Number 16VARIANCE1080 be CONTINUED to the November 21, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Allendorf No: 1- Howard Absent: 1- Bergmann Louisville Metro Government Page 3 Board of Zoning Adjustment Action Summary November 7, 2016 6. 16VARIANCE1075 Request: Multiple variance and waiver requests for signage Project Name: 1373 Lexington Road Sign Location: 1373 Lexington Road Owner: Axis Louisville LLC Applicant: Cityscape Residential Representative: Cityscape Residential Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Beth Jones, AICP, Planner II A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16VARIANCE1075 be CONTINUED to the December 5, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 7. 16CUP1043 Request: Conditional Use Permit to allow a proposed short term rental that is not the primary residence of the host Project Name: Short Term Rental Location: 1025 E. Breckinridge St. Owner: Daniel and Amanda Montgomery Applicant: Daniel and Amanda Montgomery Representative: Daniel and Amanda Montgomery Jurisdiction: Louisville Metro Council District: 4 - David Tandy Case Manager: Brian Mabry, AICP, Planning & Design Supervisor A motion was made by Board Member Fishman, seconded by Board Member Howard, that Case Number 16CUP1043 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 4 Board of Zoning Adjustment Action Summary November 7, 2016 8. 15CUP1039 Request: Conditional Use Permit to allow a commercial kennel in a C-2 zoning district Project Name: Poe’s Pet Depot Location: 291 North Hubbards Lane Owner: Oakland Woodlawn, LLC Applicant: Robert Poe Representative: Robert Poe Jurisdiction: St. Matthews Council District: 7 - Angela Leet Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Howard, seconded by Vice Chair Jarboe, that Case Number 15CUP1039 be APPROVED. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann 9. 16CUP1045 Request: Modified Conditional Use Permit to allow an amendment of a condition of approval concerning the off-street parking lot Project Name: None Location: 1971 Richmond Drive Owner: NCS Properties III, LLC Applicant: NCS Properties III, LLC Representative: Gordon Rose Jurisdiction: Louisville Metro Council District: 8 - Tom Owen Case Manager: Jon E. Crumbie, Planning and Design Coordinator A motion was made by Board Member Tharp, seconded by Board Member Fishman, that Case Number 16CUP1045 be CONTINUED to the December 5, 2016 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Louisville Metro Government Page 5 Board of Zoning Adjustment Action Summary November 7, 2016 10. 16APPEAL1010 Request: Appeal of a Notice of Violation issued by the Office of Planning & Design Services concerning an alleged junkyard Project Name: Location: 4105 Bishop Lane Owner: Jeff Issis Applicant: Jeff Issis Representative: Jason T. Hardin Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Steve Hendrix, Planning and Design Supervisor A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, that Case Number 16APPEAL1010 be DENIED. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Howard No: 1- Allendorf Absent: 1- Bergmann A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, that the applicant shall remove the items stated in the Staff Report and report back to the Board upon completion at the February 6, 2017 Board of Zoning Adjustment meeting. The motion carried by the following vote: Yes: 5- Fishman, Turner, Jarboe, Tharp, and Howard No: 1- Allendorf Absent: 1- Bergmann A motion was made by Vice Chair Jarboe, seconded by Board Member Tharp, that the Notice of Violation issued by Planning and Design Services was PROPER. The motion carried by the following vote: Yes: 6- Fishman, Turner, Jarboe, Tharp, Howard, and Allendorf Absent: 1- Bergmann Adjournment Louisville Metro Government Page 6